NY State — NY Real Property Actions & Proceedings Law

§ 1761 — SECTION 1761 Distribution of proceeds of disposition

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 1761?

Quick Answer

This section outlines the distribution of proceeds from the disposition of real property, directing the court to allocate payments for debts equally without preference. It also mandates the investment of proceeds belonging to minors or those unable to manage their affairs, and requires regular reporting on the disposition and investment of these proceeds. Applies to parties involved in the disposition of real property.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 1761 SECTION 1761 Distribution of proceeds of disposition

RPAPL § 1761

1.After the disposition of real property as provided in this article, the court shall direct the distribution of the proceeds.

2.The court shall direct the payment from the proceeds of all debts, in equal proportion, without giving a preference to a debt founded upon a specialty or upon which judgment has been taken.

3.The court shall direct the investment of any portion of the proceeds belonging to the infant, incompetent person or conservatee which is not needed for the payment of debts, or the safe keeping, or the immediate maintenance and education of himself or his family, or for the preservation or improvement of his real property or his interest in real property.

4.The court shall require a report, under oath, of the disposition and investment of the proceeds to be made as soon as practicable, and must compel periodical accounts to be rendered thereafter by each person who is intrusted with the proceeds or any part thereof.

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